Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In order to seek review, it has to be demonstrated that order suffers from an error contemplated U.O.47.R.1 CPC which is apparent on the face of record and not an error which is to be fished out and searched...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - A decision or order cannot be reviewed merely because it is erroneous...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - Court was inclined to reject the application but in operative portion it is wrongly typed as allowed - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C - Error rightly rectified...........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Law as to: (i) Second/successive anticipatory bail petition filed u/s 438 Cr.P.C, is maintainable in law and such petition ought not to be rejected solely on the ground of maintainability; (ii) Such second/successive anticipatory bail petition(s) is maintainable whether earlier..........
Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45, Hindu Marriage Act, 1955, Section 9, 13(1)(ia) -- Matrimonial dispute - Medical test of both husband and wife - Wife sought divorce on the ground that marriage between parties not consummated because of impotency of husband - Husband filed application for subjecting himself to undergo potentiality..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 467, 471, 120B -- Quashing of FIR - Civil dispute - Undergone a metamorphosis into a criminal dispute - Not to be scuttled at the threshold - Order quashing FIR set aside...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Case of plaintiff falls under second part of O.32.R.15 CPC and thus, Court has to make an inquiry whether she is in fact so - Since no inquiry was made by trial Court when issue was raised before it as such order rejecting application set aside - Matter remanded for decision afresh after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting an inquiry u/s 202 Cr.P.C - Affidavit not filed in lieu of enquiry - Summoning order quashed...........